Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, (XXV of 1997) S. 9--Bail after arrest--Grant of--Allegation of--Recovery of opium--Accused was placed under suspension and was directed to report in police lives and it was not possible for him to go police choki and sit there, where opium weighing 4800-Grams was recovered from his iron box, kept for sale in police chowki--Malafide of police cannot be ruled out--Bail allowed. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 51--Bail--Although Section 51 of the Control of Narcotic Substances Act, 1997 imposes an embargo on grant of bail to an accused person in narcotic case but the right of bail cannot be withheld as punishment. THIS ORDER PASSED BY: RAJA SHAHID MEHMOOD ABBASI, JUSTICE---.--- Through the instant petition, Munawar Hussain, petitioner has sought post arrest bail in case FIR No. 239 dated 15.04.2017 registered under Section 9(c) of Control of Narcotic Substances Act, 1997 at Police Station Gogera, District Okara. 2. Precisely, the facts of the prosecution case as per crime report are that Ghulam Qadir SI received spy information that the petitioner has kept opium for sale in police ChokiGD/43 of Police Station Gogera. Upon which raid was conducted and the petitioner was apprehended while sitting on chair in the said police Choki and on opening his iron box opiumweighing 4800 grams was recovered. 3. We have heard the learned counsel for the parties and have gone through the record with their able assistance. 4. This is bail after arrest and only tentative assessment is required and deeper appreciation of evidence is not permissible at this stage. It has been maintained by the learned counsel for the petitioner that as…

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